Law Society supports disclosure obligations for AI use in court documents

The comments from Chancery Lane came in response to a Civil Justice Council consultation, which asked for views on whether new rules are needed to increase transparency when AI is used to prepare court documents.

The Law Society said it supported a range of regulatory action, "considering the levels of risk attached to AI use".

It called for "urgent" new guidance from the Solicitors Regulation Authority and HM Courts and Tribunal Service on the use of AI in court documents, as well as a wider review of the use of AI in the justice system, including public consultation.

Breaking down its recommendations, Chancery Lane said that the guidance should clarify expectations and obligations on AI use for all court actors, including litigants in person.

It also said there should be an opportunity to input into a wider review of the use of AI across the justice system – and for "new, straightforward and pragmatic obligations" to disclose use of AI or to make a declaration of non-use in prescribed circumstances when using AI in court documents.

Commenting on how these changes should be implemented, the Law Society said it favoured an incremental approach to new rules and regulations, rather than immediate changes to the Civil Procedure Rules - but noted that rule changes should be enacted with the correct guidance and training in place.

It also voiced support for interim measures to provide clarity and certainty for legal representatives when deciding whether and how to use AI.

The consultation was held for eight weeks and closed to responses in April this year. The working group responsible for the consultation, which is chaired by Lord Justice Birss, the Deputy Head of Civil Justice, has yet to publish its response to the exercise.

Adam Carey